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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Bail and Crimes Amendment Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Bail Act 2013 No 26 3
Schedule 2 Amendment of Crimes Act 1900 No 40 5
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209 7
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Bail and Crimes Amendment Bill 2024
Act No , 2024
An Act to amend the Bail Act 2013 to provide for a temporary limitation on granting bail for
certain young persons in relation to certain serious offences; to amend the Crimes Act 1900 to
provide for a new offence in relation to performance crimes; and to make consequential
amendments to the Criminal Procedure Act 1986.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Bail and Crimes Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Bail and Crimes Amendment Act 2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Bail and Crimes Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Bail Act 2013 No 26
Schedule 1 Amendment of Bail Act 2013 No 26
[1] Section 22C
Insert after section 22B--
22C Temporary limitation on bail for certain young persons in relation to certain
serious offences
(1) A bail authority must not grant bail to a relevant young person for a relevant
offence alleged to have been committed while the young person is on bail for
another relevant offence unless the bail authority has a high degree of
confidence the young person will not commit a serious indictable offence
while on bail subject to any proposed bail conditions.
(2) A decision under subsection (1) may be made only after--
(a) an assessment of bail concerns is made under Division 2, and
(b) consideration of whether any bail conditions could reasonably be
imposed to address any bail concerns or risk the relevant young person
will commit a further serious indictable offence.
(3) To avoid doubt, the requirement under this section to establish that bail should
be refused for the relevant young person remains with the prosecution.
(4) This section applies despite anything to the contrary in this Act.
(5) This section expires 12 months after this section commences.
(6) In this section--
motor theft offence means an offence under the following sections of the
Crimes Act 1900--
(a) section 154A,
(b) section 154C,
(c) section 154F.
relevant offence means--
(a) a motor theft offence, or
(b) a serious breaking and entering offence, or
(c) an offence under the Crimes Act 1900, section 154K, if the underlying
offence is a motor theft offence or serious breaking and entering
offence.
relevant young person, for a relevant offence, means an individual who is, at
the time the relevant offence is alleged to have been committed--
(a) 14 years of age or more, and
(b) less than 18 years of age.
serious breaking and entering offence means an offence under the Crimes Act
1900, Part 4, Division 4 that is punishable by imprisonment for a term of 14
years or more.
serious indictable offence has the same meaning as in the Crimes Act 1900,
section 4(1).
[2] Schedule 3 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Page 3
Bail and Crimes Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Bail Act 2013 No 26
Part Provision consequent on enactment of Bail and
Crimes Amendment Act 2024
Application of amendments
An amendment made to this Act by the Bail and Crimes Amendment Act 2024
extends to offences committed or alleged to have been committed, or charged,
before the commencement of the amendment.
Page 4
Bail and Crimes Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Crimes Act 1900 No 40
Schedule 2 Amendment of Crimes Act 1900 No 40
[1] Part 4, Division 5B
Insert after section 154J--
Division 5B Performance crime offences
154K Performance crime offences
(1) A person (the offender) commits an offence (a performance crime offence)
against this section if--
(a) the offender's act or omission constitutes--
(i) a motor theft offence, or
(ii) a breaking and entering offence, and
(b) the offender disseminates material to advertise--
(i) the offender's involvement in the offence, or
(ii) the act or omission constituting the offence.
(2) An offender who commits a performance crime offence is liable for a
maximum penalty that equals the total of the following--
(a) the maximum penalty for the motor theft offence or breaking and
entering offence,
(b) imprisonment for 2 years.
(3) To avoid doubt, if an offender is convicted of a performance crime offence the
offender cannot also be convicted of a motor theft offence or breaking and
entering offence in relation to the act or omission constituting the performance
crime offence.
(4) In this section--
advertise means attract the notice and attention of--
(a) the public, or
(b) a limited section of the public.
breaking and entering offence means an offence under the Crimes Act 1900,
Part 4, Division 4.
disseminate, in relation to material, means send, supply, exhibit, transmit or
communicate the material, including through social media and other electronic
methods.
material includes anything that contains data from which text, images or
sound can be generated.
motor theft offence means an offence under the following sections of the
Crimes Act 1900--
(a) section 154A,
(b) section 154C,
(c) section 154F.
154L Review of division
(1) The Minister must review this division to determine whether--
(a) the policy objectives of the division remain valid, and
(b) the terms of the division remain appropriate for achieving the
objectives.
Page 5
Bail and Crimes Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Crimes Act 1900 No 40
(2) The review must be undertaken as soon as practicable after the period of 2
years after the commencement of this division.
(3) A report on the outcome of the review must be tabled in each House of
Parliament within 6 months after the end of the period of 2 years.
[2] Schedule 11 Savings, transitional and other provisions
Insert at the end of the schedule, with appropriate part and clause numbering--
Part Provision consequent on enactment of Bail and
Crimes Amendment Act 2024
Application of amendment
An amendment made to this Act by the Bail and Crimes Amendment Act 2024
applies only in relation to an offence committed, or alleged to have been
committed, on or after the commencement of the amendment.
Page 6
Bail and Crimes Amendment Bill 2024 [NSW]
Schedule 3 Amendment of Criminal Procedure Act 1986 No 209
Schedule 3 Amendment of Criminal Procedure Act 1986 No
209
[1] Schedule 1 Indictable offences triable summarily
Insert after Table 1, item 16E--
16F Performance crime offences
An offence under the Crimes Act 1900, section 154K, if the motor theft
offence or breaking and entering offence that underlies the offence is already
prescribed as an offence under this Table.
[2] Schedule 1, Table 2
Insert after Table 2, item 4G--
4H Performance crime offences
An offence under the Crimes Act 1900, section 154K, if the motor theft
offence or breaking and entering offence that underlies the offence is already
prescribed as an offence under this Table.
Page 7
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